Singapore – The respondent, the plaintiff was a passenger in a bus belonging to the appellants. They employed as conductor of the bus the second defendant. The conductor treated an elderly lady passenger in a high-handed and rude fashion. The plaintiff remonstrated with him. An altercation followed in which each tried to hit the other. They were separated by the passengers, but the conductor struck the plaintiff in the eye with his ticket punch, causing loss of sight in the eye. The trial judge and the Singapore Court of Appeal held that the bus company was vicariously liable.
Held: The employer was not liable, since the conductor struck the passenger at a time when he was not exercising his responsibility to maintain order on the bus. The conductor’s conduct could not be described as a wrong mode of performing the work which he was expressly or impliedly authorised to do. He could not be described as maintaining order in the bus; if anyone was keeping order in the bus, it was the passengers. The Board rejected the argument that his job could be described as ‘managing the bus’ and that his conduct arose out of his power and duty to do so.
Judges:
Cross, Kilbrandon LL, Sir Harry Gibbs
Citations:
[1974] 1 WLR 1082, [1974] UKPC 15, [1974] RTR 504, [1974] 2 All ER 700, 17 KIR 90
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Poland v Parr (John) and Sons CA 1926
A carter, who had handed over his wagon and was going home to his dinner, struck a boy whom he suspected, wrongly but on reasonable grounds, of stealing his master’s property.
Held: The master was responsible. A servant has implied authority, . .
Cited by:
Cited – Brown v Robinson and Sentry PC 14-Dec-2004
(Jamaica) The deceased claimant had been shot by a sentry employed by the respondent company. His estate appealed a finding that the sentry was not acting in the course of his employment.
Held: Older authorities had now been replaced by recent . .
Cited – Mohamud v WM Morrison Supermarkets plc SC 2-Mar-2016
The claimant had been assaulted and racially abused as he left a kiosk at the respondent’s petrol station by a member of staff. A manager had tried to dissuade the assailant, and the claim for damages against the supermarket had failed at first . .
Cited – Mohamud v WM Morrison Supermarkets plc SC 2-Mar-2016
The claimant had been assaulted and racially abused as he left a kiosk at the respondent’s petrol station by a member of staff. A manager had tried to dissuade the assailant, and the claim for damages against the supermarket had failed at first . .
Lists of cited by and citing cases may be incomplete.
Vicarious Liability
Updated: 27 June 2022; Ref: scu.220485